Denationalization of Indonesian National Law

An Implementation of EU Cyber Conventions Sand Accession

Abstract

Indonesia is one of countries with the biggest number of social media users in the world. The use of electronic application has become a part of everyday life. It ranges from online shopping until using online motorcycle taxi. Although Indonesia has had a Law of Electronic Information and Transaction, evidently the electronic application users’ personal data has not been protected appropriately. A Cyber Convention which can be referred for Indonesia is European Union. Although it is an interesting choice, for some geographical reasons, naturally Indonesia can not join this convention, besides the dualism law tradition in international agreements rather complicates. An idea which can bridge this issue is denationalization of law. Denationalization approach can be used in applying European Union Cyber Convention without needs to do an accession, as well as denationalization which has been done by Indonesia upon Roma Statute. Indonesia does not ratify Rome Statute, even does not also become the signer party, but its national law, that is the Law of Human Rights Court has adopted Human Rights Court and acknowledged crimes against Humanity and Genocide into Indonesian Law. Indonesia has become the only country in the world which has Human Rights Court. Some learning from the application of some parts of Roma Statute with denationalization principle and without accession can be also used for the European Union Cyber Convention. This denationalization will make Indonesian National Law becomes more complete and more lively where it will create national law with international taste.